Advertising for Bids

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Department of Transportation
  5. Exercise of Power to Contract Generally
  6. Advertising for Bids

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  1. On all contracts required to be let by public bid, the commissioner shall advertise for competitive bids for at least two weeks; the public advertisement shall be inserted once a week in such newspapers or other publications, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the publication of the first insertion; provided, however, that the advertisement requirement provided in this Code section shall be satisfied by posting the required information on the department's website for the required time period.
  2. Such advertisement shall include but not be limited to the following items:
    1. A description sufficient to enable the public to know the approximate extent and character of the work to be done;
    2. The time allowed for performance;
    3. The terms and time of payment, including a statement that final payment of amounts withheld or deposited in escrow need not be made until the issuance of the chief engineer's certification of satisfactory completion of work and acceptance thereof, as provided in Code Sections 32-2-75 through 32-2-77;
    4. Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
    5. The amount of the required proposal guaranty;
    6. The time and place for submission and opening of bids;
    7. The right of the department to reject any one or all bids; and
    8. Such further notice as the department may deem advisable as in the public interest.

(Ga. L. 1949, p. 373, § 3; Code 1933, § 95A-806, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1994, p. 591, § 6; Ga. L. 2018, p. 372, § 2/SB 445.)

The 2018 amendment, effective July 1, 2018, added the proviso at the end of subsection (a).

OPINIONS OF THE ATTORNEY GENERAL

Letting one-bid projects, limited negotiation with certain bidders, and letting to second-low bidders are now legal under O.C.G.A. § 32-2-69 and can be included in the "advertised specifications," whether that term can be applied to the standard specifications themselves or whether the three identified circumstances must be specifically referenced in the actual advertisement of the project. 1986 Op. Att'y Gen. No. 86-21.


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